Five years ago the two sisters, currently aged 6 and 8, were apprehended by child protection workers from the care of their maternal grandmother. They have been living with the same non-Aboriginal foster family for the past four and a half years. The Algonquins of Pikwakanagan and the girls' grandmother sought unsuccessfully to have the two girls placed with their grandmother. Among other things, the appellants argued that the trial judge had erred in holding that the development of an Aboriginal child's culture is subordinate to the child's best interests. The Court of Appeal, however, found that the trial judge had correctly considered "the heritage and cultural issues in the context of the children's best interests". A unanimous Court of Appeal found no material errors in the lower court decisions and held that it was in the best interest of these two girls to stay with their non-Aboriginal foster parents while continuing to have access to their maternal grandmother.
Algonquins of Pikwakanagan v. Children's Aid Society of the County of Renfrew
The Ontario Court of Appeal released a decision today (September 23, 2014) in <i> <a href="http://www.ontariocourts.ca/decisions/2014/2014ONCA0646.htm" title="Algonquins of Pikwakanagan v. Children's Aid Society of the County of Renfrew">Algonquins of Pikwakanagan v. Children's Aid Society of the County of Renfrew</a></i>, dismissing an appeal from a court order for Crown wardship of two young sisters who are members of the Algonquins of Pikwakanagan.